Free Waiver of Service Executed - District Court of Delaware - Delaware

Case 1 :06-cv—00442-SLR Document 15 Filed 1 1/22/2006 Page 1 of 2
as 2, (gaé)
RETURN OF WAIVER OF SERVICE OF SUMMONS
I acknowledge receipt ofthe request that I can waive service of summons in the matter of
C.A. No.06-442 in the United States District of Delaware. I have also received a copy of the
complaint in the action, two copies of this form, a copy of the Order of the Court authorizing
service and a means by which I can return the signed waiver without cost to me.
I agree to save the cost of service of a summons and an additional copy of the complaint
in this lawsuit by not requiring that I be served with judicial process in the manner provided by
Rule 4. I will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the
Court, except for objections based on a defect in the summons or in the service of the summons.
I understand that a judgement may be entered against the party on whose behalf I am
acting if a response is not served and filed within 60 days after: October 18, 2006.
Date: O we
ignature of Defendant Printed or Typed Name
DUTY TO AVOID UNNECESSARY COST OF SERVICE OF SUMMONS
Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving
unnecessary cost of service of the summons and the complaint. A defendant located in the
United States, who, after being notified of an action and asked to waive service of summons
on behalf of a plaintiff located in the US, fails to do so will be required to bear the cost of
such service unless good cause be shown for that defendant's failure to sign and return the
waiver.
It is not good cause for a failure to waive service that a party believes that the complaint is
unfounded, or that the action has been brought in an improper place or in a court that lacks
jurisdiction over the subject matter of the action or over defendant's person or property. A
defendant who waives service of summons retains all defenses and objections, except any
relating to thesummons or the service of summons, and may later object to the jurisdiction of the
Court or to the place to where the action has been brought.
A defendant who waives service must within the time specified on the "Return of Waiver" M_
form served on plaintiff, if unrepresented or on plaintiffs attorney, a response to the Compgnt
and must also file a signed copy ofthe response with the Court. If the answer or a motion igot
served within this time, a default judgement may be taken against that defendant. By waivig
service, a defendant is allowed more time to answer than if the summons had been actuallyno
served when the request for waiver of service was received. N
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Case 1:06-cv—00442-SLR Document 15 Filed 11/22/2006 Page 2 of 2
U S De artment of Justice PROCESS IIECEIPT M ID REIURH
' _ ' P ` _ See Instructions for "Service of Process by the US. Marshal"
UH1[€(I States Marshals S€1`V1C€ on the reverse of this form.

PLAINTIFF COURT CASE NUMBER -
Nelson Lo1:a—Pena 1:06-cv-442
DEFENDANT TYPE OF PROCESS
Deputy U.S . Marshal Jack Leo Civil Action
NAME OF INDIVIDUAL, COMPANY; CORPORATION, ETC., TO SERVE DESCRIPTION OFPROPERTY TO SEIZE OR CONDEMN
Deputy U.S. Marshal Jack Leo, (’u.s. MARSI-IAL )
» ADDRESS (Street Of RFD, Apm’l`n1€U[N0., CII}; State and ZIP Code) me Nemiours Bldg. 7 Street
AT Suite 700, P.O.BOX 2046, Wilmington, DE 19899-2046
EEEEIQEEBE SEIEEEQOBLTQ BRQEEETEEFE .’E*°:L“E £@飒.'?l*'i$$;*£`E'£)L"L.-; Number of process rrr be
I served with this Form - 2B5
I Nelson lotsa-Pena, ID%3883-070
U.S.P. Canaan INumber of parties to be
POSIZ 0ffZI.C€ Box 300 served in this case
I
Waymaxt, Pa. 1847
I ICheck for service
______________________________________ I on u.s.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
gigephone Numbers, and Estimated Times Available For Service): Fold
USMS FUGITIVE TASK FORCE; http://www.state.de.us/dsp/siu.htm.
Sign _ e of At mey or other Ori tor requesting servi on behalf of: I ,1 NTIFF TELEPHONE NUMBER DAT -
. 1 · r
` \__ e · A · " ' ` ' I] DEFENDANT I Ib bg
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW TI-HS LINE
I acknowledge receipt for the total Total Process District District Signature of Authorized USMS Deputy or Clerk Date
number of process indicated. of Origin to Serve
(Sign only first USM 285 if more & I,)
than one USM 285 is submitted) No. _ No. i
I hereby certify and return that I [I have personally served, Egtave legal evidence of service, [I have executed as shown in "Rcmarks", the proccss described
on the individual, company, corporation, etc., at the acldres shown above or on the individual, company, corporation, etc., shown `at the address inserted below.
[I I hereby certify and return that I am unable to locate the individual, company. corporation, ctc., named above (See remarks below)
Name and titlc of individual served (if not shown above) A person of suitable age and dis—
E cretion then residing in the defendant’s
usual place of abode.
Address (complete only ifditifcrent than shown above) Date of Service Time am
ll I}/Q}, pm
Signature f Marshal or Deputy I
Sc ice Fee j Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed t U.S. M hal or Amount of Refu d
(including endeavors)
REMARKS: , _ U U U U

PRIOR EDITIONS FORM USM-285 (Ret l2fl5/80)
MAY BE USED 1. CLERK OF THE COURT